Patent Litigation

News & Analysis as of

Judge Sullivan Holds “Substantially” the Same is Close Enough for Collateral Estoppel

On September 30, 2016, District Judge Richard J. Sullivan (S.D.N.Y.) granted the defendants’ motion to dismiss, holding one of the two asserted patents invalid under principles of collateral estoppel. Plaintiff Joao...more

Disavowal By Description, Disparagement, and Argument Limit Claims

In Poly America, LP v. API Industries, Inc., [2016-1200] (October 14, 2016), the Federal Circuit affirmed the district court’s construction of “short seal” in the claims of U.S. Patent No. 8,702,308 to require that such seals...more

PTAB Upholds Lialda Patent Over Kyle Bass IPR Challenge

The USPTO Patent Trial and Appeal Board (PTAB) has issued a final written decision upholding Shire’s Lialda® patent over the Inter Partes Review (IPR) challenge brought by Kyle Bass and his Coalition for Affordable Drugs. The...more

Purported Public Interest Group Challenges Drug Patent in Qui Tam Action

The intersection of patent law, drug regulations, creative lawyering, and commerce (if not outright greed) has once again arisen in a qui tam suit brought under 31 U.S.C. §§ 3729–3733 (alleging fraud against the U.S....more

No Disclaimer Found When Statements are Viewed in Context of Claims Pending at the Time They were Made

In Massachusetts Institute of Technology v. Shire Pharmaceuticals, Inc., [2015-1881] (October 13, 2016), the Federal Circuit affirmed the district court’s construction of “vascularized organ tissue” and “cells derived from a...more

Licensees Beware: Assignment Provisions in a License Agreement

Let’s say a company negotiates a patent license agreement with the patent owner. The agreement includes a clear prohibition against assignment – in other words, for either party to transfer their rights under the agreement,...more

A Silver Lining for Software Patents

Software patents play an important role in commercializing innovation in our increasingly digital world. The software inventions that scientists, developers, and engineers create are valuable and deserve protection. But since...more

Another Friendly Reminder from the CAFC – Use of “the Present Invention” is Clear and Unequivocal Evidence of Disavowal

Disavowal can occur when a patent holder disavows the full scope of claim terms in the specification or during prosecution (e.g., through the doctrine of prosecution history estoppel). In either event, disavowal requires...more

Case shows ever-changing nature of patent law

The America Invents Act (AIA), passed almost five years ago, continues to substantially change patent law in the United States — and questions about the law’s effects are still being litigated. One important question...more

September Was a Good Month for Patent Eligibility in the District Courts

Anecdotally, there seems to be a loosening up regarding the application of § 101 by the District Courts. The 2014 Supreme Court decision in Alice Corp. v. CLS Bank Int'l has been referred to as sounding a death knell for...more

The Supreme Court of Canada’s Fall Term: the Internet Court?

The Supreme Court of Canada’s Fall term, which began on October 3rd, could probably be labelled the “internet term”, with major cases involving both Google and Facebook. The Court will also be hearing a number of other cases...more

FTC Report on Patent Assertion Entities Recommends Patent Litigation Reform

On October 6, the Federal Trade Commission (FTC) released its report on patent assertion entity (PAE) activity. The report is the result of research that began in September 2014 to address a gap in the agency’s understanding...more

Practical Implications from the Federal Circuit’s Rare en Banc Reversal in Apple v. Samsung

In a precedential opinion issued en banc on Friday, October 7, 2016, the Federal Circuit overturned a panel decision, affirming and reinstating the district court’s judgment and the jury’s verdict. The majority opinion...more

Pleading Standard Defined– CAFC Holds that Joint Infringement Complaint Requires Identification of All Required Claim Steps

Plaintiffs bringing patent infringement complaints under the Iqbal/Twombly pleading standard should take notice. On September 30, 2016, a panel of the Federal Circuit affirmed a district court’s dismissal of a deficient...more

Merck Sharp & Dohme Files IPR Petition on Genentech’s Cabilly Patent

On October 11, 2016, Merck Sharp & Dohme (MSD) filed for IPR on U.S. Patent No. 6,331,415, one of the Cabilly patents owned by Genentech. IPR2017-00047. MSD also filed a motion for joinder with Mylan’s petition for IPR on...more

Litigation Update in Abbvie v. Amgen: AbbVie’s Answer Filed in Response to Amgen’s Counterclaims

Last Friday, AbbVie filed its Answer and Defenses to Amgen’s counterclaims of invalidity and noninfringement for each of the patents-in-suit. Of note, AbbVie stated that it lacked “sufficient knowledge and information to...more

Smartphone Patent War: En Banc Federal Circuit Rebukes Earlier Panel Decision and Reinstates Jury Verdicts for Apple against...

In its October 7 en banc decision in Apple v. Samsung, the US Court of Appeals for the Federal Circuit, without benefit of en banc briefing, issued an unusual opinion overturning a panel decision for the purpose of...more

Accused Infringer Puts the Screws on Patentee

We wrote recently about a summary judgment decision in which Judge Indira Talwani found certain asserted claims of two patents on a type of breakable screw to be obvious in light of the prior art. This ruling came even though...more

Federal Circuit Affirms 101 Ineligibility of a Patent Claiming Detection of Unauthorized Access to Medical Information

A Federal Circuit Panel of Judges Lourie, Plager, and Stoll, has again affirmed a District Court decision to dispose of a patent dispute on the pleadings using Alice. In FairWarning IP, LLC, vs. Iatric Systems, INC., No....more

Judge Mayer’s Concurrence in IV Shows the Problem with Judicially Created Exceptions

The press is all abuzz with reactions to Judge Mayer’s concurring opinion bluntly stating that “claims directed to software implemented on a generic computer are categorically not eligible for patent.” Intellectual Ventures...more

Oracle v. Google: Violation of Protective Order to Disclose Confidential Information in Open Court

In this long standing litigation between Oracle and Google, a dispute arose over the protective order and whether the disclosure of certain information violated the terms of the protective order when it was disclosed in open...more

Bass IPR Petition Against Shire Fails

On October 5, the PTAB ruled against Petitioner Coalition for Affordable Drugs II LLC, an organization formed by hedge fund manager Kyle Bass, holding that the petitioner had not shown by a preponderance of the evidence that...more

Federal Circuit Relies on Robust Disclosure to Save Priority Date

On September 20, 2016, the U.S. Court of Appeals for the Federal Circuit issued an opinion affirming the summary judgement that Abbott’s U.S. Patent No. 5,344,915 (“the ’915 Patent”) was sufficiently supported by the written...more

Federal Circuit Patent Updates - September 2016

Husky Injection Molding System v. Athena Automation Ltd. (No. 2015-1726, 9/23/16) (Lourie, Plager, Stoll) - Lourie, J. Dismissing an appeal from a PTAB decision in an IPR for lack of jurisdiction. “[W]e conclude that we...more

Judge Hellerstein Holds That “Arranged On” Means “Connected In Some Fashion”

On September 30, 2016, District Judge Alvin Hellerstein (S.D.N.Y.) denied defendant Nautilus, Inc.’s (“Nautilus”) motion for summary judgment of non-infringement holding that “disposed on said elongated member” does not...more

3,608 Results
View per page
Page: of 145
JD Supra Readers' Choice 2016 Awards

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.